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05-19-1986 Regular MeetingMay 5, 1986 - Continued Jack Shinall made a motion the minutes of April 7 and 21 be approved as submitted. Jim Hawkins seconded the motion which carried 6-0. Horace Bowie asked to speak from the audience and asked about the status of the county's portion of the Federal surplus property in view of a recent newspaper article stating they would like to sell their portion. Mr. Bowie said he would like for the City to contact the county commissioners and ask what their intentions are for use of the property. Mr. Bowie also wanted to know if there was any way the City could annex the county portion. Max Bacon said we have already written the Department of Interior concerning the article and it was his understanding that the property could not be sold. Also, annexation would require consent of the property owners and that would be difficult to do. Max said he understood Mr. Bowie's concerns because ours are the same. Max told Mr. Bowie he would have someone get back in touch with him when he had further information. COUNCIL INPUT: Kathy Brooks read a list of upcoming events in the Parks and Recreation Department. Jack Shinall said the city is continuing to grow and commended the Community Development department for the good job they are doing. Jim Hawkins congratulated Police Chief R. E. Little for being honored Sunday at Law Appreciation Day held at Shiloh Baptist Church. Jim said he is having some health problems now, and has pneumonia. Jim also commended our police department, particularly in their knowledge of the use of radar and said he was pleased with the thoroughness with which they are using the equipment. Max Bacon also said this was quite an accomplishment for Chief Little and he is an asset and a credit to our city. He was honored Sunday for over 50 years of continuous law enforcement service. With no further business, meeting adjourned at 9:54 p.m. May 19, 1986 s The regular scheduled meeting of Mayor and Council was held May 19, 1986 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All Council members were present. Also present was City Administrator John Patterson, City Clerk Willouise Spivey, City Attorney Charles E. Camp, Assistant City Clerk Melinda Dameron and repre- sentatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the flag. CITIZENS INPUT: Nothing to report. DEPARTMENT REPORTS: Reports were made from Finance, Fire Department, Public Works, Community Development and Emergency Management departments. PUBLIC HEARINGS: (A) Rezoning request - 7.57 acres on Spring Road at Campbell Road from Future Commercial to General Commercial. There was a large group in opposition and representatives from both sides were sworn in by Mr. Camp. Bob Crim represented RCC Investment and said since they originally made application in February they had attended two planning and zoning meetings and two public hearings and the hearing tonight is the culmination of 5 months work. Mr. Crim said they were proposing a shopping center on this site containing 68,000 square feet with a major food store, drug store and about 20,000 square feet of other retail shops. Mr. Crim presented a rendering of a shopping center they have built in several different locations and said the design would be very similar. The development plan also includes the re-routing of Campbell Road from its present location to intersect with Carolyn Drive and the traffic light would be moved from its existing location at Campbell Road. Mr. Crim said this plan had been presented to the State Department of Transportation and to his knowledge they were favorable to the re-routing of Campbell Road. His company had also conducted a traffic study and their Mav 19. 1986 - Continued conclusion was that a shopping center of this type is not a significant traffic generator; rather it uses the traffic already in the area to generate sales. Mr. Crim said they had studied the market and there is a very big demand for a shopping center such as this. The landscaping would be extensive and Mr. Crim said they would also put up a bond for at least 2 years to ensure a quality development. Their company would pay for all cost involved in relocating the light and re-routing Campbell Road. They felt the relocation of the road would help to alleviate the traffic congestion and would be much safer. Hugh Ragan asked about the school children who walk from Argyle. Mr. Crim said they would install sidewalks along Campbell Road, where there are none now. Jack Shinall asked what other uses they had considered for the property. Mr. Crim said an alternative might be a 3 to 4 story office building but didn't think it would be a good location for that type development. They did not want to add more homes or condominiums and felt the need was there for a shopping center. Bob Davis asked about water runoff and Mr. Crim said water would be held on the property by retention ponds and the runoff would not be any greater than it is now. John Davis of 2106 Glenroy Drive spoke for the oppositon and said they were trying to protect the remaining residential development of Ward 1. This property is in a residential area, surrounded by R-20 and RM-12. The property in question is also too close to Argyle School and the residents felt it would place their children in jeopardy because once the road is relocated the crosswalk will also have to be moved even further away before they can cross. They felt a shopping center would make control of the traffic even more difficult and feared the shopping center would be a potential crime area, having an environmental affect on the community. They were also concerned with water runoff after the trees were removed and increased traffic from tractor/trailers and construction equipment. Mr. Davis said the residents would prefer residential development or even RM-12 rather than have a shopping center. Mr. Crim said they would prefer not to move Campbell Road and leave it as is, but this is an accommodation they are willing to make to the City. - After further discussion Bob Davis said he would like to compliment the people with RCC Investment Company for the manner in which they worked with city staff and himself. They were very helpful and have supplied all the information requested. They acted most professionallly and are as good a developer to work with as you will find. He did, however, have some reservations about rezoning the property to General Commercial. The property is almost completely surrounded by residential property and is in the area of Spring Road which is thought of as residential. In addition to the zoning not being compatible with the surrounding area, General Commercial is just too high and intense a classification for this location. Bob said he was also concerned the increased traffic and congestion in the area will cause diminishing of public safety and felt there would be additional hazards created for the children that go to Argyle Elementary. There are also public health factors dealing with water runoff to the creek, possibly causing flooding for some of the homes, which is a definite health hazard. This zoning was also denied January 23, 1985 for General Commercial zoning and from the information gathered tonight it appears that nothing has changed or improved. Bob Davis then made a motion that based upon incompatibility of a General Commercial use, the request of RCC Investment Corporation be denied. Jim Hawkins seconded the motion. Jerry Mills said he could not support the motion to deny for the following reasons: 1) I want to ask that the November 1984 and March 1986 zoning minutes be read to show that this zoning was approved by two different groups of Zoning Board members. 2) The Principal at Argyle School was on the Zoning Board in 1984 and voted in favor of the rezoning request. He had first hand knowledge of the children's needs at Argyle. 3) A traffic study was requested by the city council on February 10, 1986 and it presented no significant change in the traffic count. 4) A land use agreement with the owners of Countryside Condominiums adjacent to this property about certain uses were made, such as where the dumpsters will be located, lighting, etc. This agreement would protect the condominium owners. May 19, 1986 - Continued 5) State Department of Transportation - It is their judgment that the Spring Road/Campbell Road intersection could be enhanced as Campbell could be tied into Spring at something nearer 90 degrees. This was agreed to by the property owners. 6) Question of zoning signs - Zoning notices were posted on April 2,1986 by the City of Smyrna. 7) A. On March 24, 1986, stipulations were made by the Zoning Board and were agreed to by the property owners. These stipulations were to protect the local proprty owners to prevent speculative zoning. They stipulated that the site revert back to Future Commercial if a shopping center is not built on the property. B. That the developer pays all relocation and improvements of Campbell Road, and other stipualtions were placed to protect the residents. 8) All sidewalks affecting Argyle School be replaced and was agreed to by the property owners. 9) No recommendation put forth me shows that the property in question should be disapproved. A. DOT recommended relocation of Campbell Road B. Zoning Board approved 4 to 1 C. Traffic study - no significant affect D. Stipulations were placed on the property to protect the local residents. E. All of the above questions read are in favor of the rezoning F. I checked on the water and sewer conditions and other things that would cause an impact on the City and community and this rezoning had no bad affect. 10) Pressures and threats were made to influence my vote to vote against the property in question. The threats were that I would be gotten oppositon in the next election and there was a borderline bribe that I will explain to the Judge if this case reaches the courts. I want to say that I made my decision based upon all facts presented by all parties involved such as Zoning Board, the people in the area in question, the State DOT, the traffic study and what the impact would be on the City of Smyrna such as services versus taxes and what impact it would have on Argyle •School. Nothing was present to show this development would affect the rezoning in my opinion. This is why I will vote in favor of the rezoning. Hugh Ragan said they all tried to listen to the facts presented and analyze those to do what they think is right and that is what he planned to do. Hugh said the comments made by Mr. Mills, as far as he was concerned, were judgmental. Jim Wallace is a superb businessman and has done a lot of good for this community. Hugh said he would have to vote with Bob Davis on this, because he thought it was the right thing to do based upon the facts presented. Jim Hawkins said he had not received one call or talked to any of the residents concerning the zoning and did not feel like he was being pressured in any way. Jack Shinall said he intended to vote his personal convictions and what was best for the City as a whole. Vote on the motion to deny the zoning carried 5-2, with Jerry Mills and Jack Shinall opposed. (B) Rezoning request - 0.9 acres at 2865 Highland Drive from R-15 to Limited Commercial. Mr. Michael J. Kostas requested rezoning of 2865 Highland Drive for a chiropractic office. There was a large group in opposition and the spokesman was sworn in with Mr. Kostas. Bob Davis asked Mr. Camp if the house would meet all setback requirements for a Limited Commercial zoning. Mr. Camp said it would not; it is only 4 feet off the property line of the adjacent property owner and 10 feet off Spring Road. A variance would be required unless the existing structure is removed. Mr. Kostas said he did not intend to tear the house down; he is living there now and if the zoning is approved will convert it to his office with the curb cut from Spring Road rather than Highland Drive. He had also agreed to place a fence along the property line of the adjacent house. Robert Russell, a resident of Balmoral Road said residents in the area were opposed because of the heavy traffic on Spring Road and just west of this location is a blind hill on Spring, making it even more dangerous. The next controlled intersection is Glenroy Drive and they also were afraid that Dr. Kostas' customers would be coming through the residential neighborhood to get to the traffic light at Glenroy. They felt the zoning would destroy the residential area. • May 19, 1986 - Continued Following discussion, Bob Davis made a motion the zoning be denied because it does not meet the zoning requirements for Limited Commercial. This property is also surrounded completely by residential areas and a change in classification would constitute a "spot zoning." Jerry Mills seconded the motion to deny which carried 7-0. Jim Hawkins also recommended that the Community Development department in the future include a certification with each zoning application that the property meets all setback requirements. (C) Variance request - side yard setback for proposed office building on Old Concord Road. Joe Lee Thompson requested a variance on the south side yard setback from 10 feet to 3 feet for new construction on Old Concord Road. There was no oppo- sition. Mr. Thompson said this parcel is adjacent to the Pizza Inn on one side and a 2� acre undeveloped tract on the other side. He proposed to build a 4,000 square foot office building and the topography of the lot will make it difficult to develop without a variance. Kathy Brooks said she felt this would be a definite improvement to the area and made a motion the variance be approved. Jack Shinall seconded the motion which carried 7-0. (D) Request for beer and wine package license - Jim Wallace Station on Concord Road. Hubert E. Brooks requested a license to sell packaged beer and wine at the new Jim Wallace station on Concord Road next to Ryan's Steak House. Mr. Brooks said he was Vice President in charge of retail sales with Jim Wallace and was familiar with our ordinance. He also holds package licenses at other locations. There are two homes actually within the 200 foot radius of the location, but they are outside the city limits. Waivers were also signed by those property owners, although it was not required. There was no opposition from the audience but Jim Hawkins presented a letter, to be made a part of the minutes., from Sam B. Ransbotham of 3235 Lamar Circle in oppositon. Mr. Ransbotham's letter stated there is an existing problem with young people loitering, eating, drinking and playing car radios late at night in the parking lot of Ryan's. Mr. Ransbotham felt the problem would only worsen if a package license for this location was approved. Jim Hawkins said he felt our ordinance gave council an option on whether or not the residents involved outside the city limits should be considered and they are also not required to issue a license based upon the waivers. Jim Hawkins made a motion the license be denied, based upon the fact that there were homes within the 200 foot radius. Hugh Ragan seconded the motion which carried 5-2, with Jerry Mills and Jack Shinall opposed. (E) Home occupation license request - 1113 Matthews Street. Don Chilton requested a home occupation license to operate a sales management training program at 1113 Matthews Street. There was no opposition. Jerry Mills said in reviewing the information he received, it has been found that Mr. Chilton is already operating a business in a residential area and in violation of our ordinance. Mr. Chilton admitted he did owe the city whatever fees may be involved for the license. He started operating there two years ago in the back bedroom of his duplex. The business expanded and since then he has rented the other side of the duplex and is operating the business from there. Jerry Mills said this is an entirely residential area and he was opposed to most any home occupation license being issued in the City. Jerry said he felt this was an encroachment on the home owners in the area. Mr. Chilton said he realized he had made a mistake and would like to correct that but due to the nature of his business it would be next to impossible to relocate since he receives calls at all hours of the day and night from all over the world. They have had no problem in the area with the neighbors and no one has objected to what he is doing. After further discussion, Jerry Mills made a motion the license be denied effective May 20, 1986, seconded by Jack Shinall. Jack Shinall then amended the motion to allow 10 days for Mr. Chilton to find a place to relocate his business. Vote on the amendment and main motion carried 7-0. May 19, 1986 - Continued Following discussion, Bob Davis made a motion the zoning be denied because it does not meet the zoning requirements for Limited Commercial. This property is also surrounded completely by residential areas and a change in classification would constitute a "spot zoning." Jerry Mills seconded the motion to deny which carried 7-0. Jim Hawkins also recommended that the Community Development department in the future include a certification with each zoning application that the property meets all setback requirements. (C) Variance request - side yard setback for proposed office building on Old Concord Road. Joe Lee Thompson requested a variance on the south side yard setback from 10 feet to 3 feet for new construction on Old Concord Road. There was no oppo- sition. Mr. Thompson said this parcel is adjacent to the Pizza Inn on one side and a 2� acre undeveloped tract on the other side. He proposed to build a 4,000 square foot office building and the topography of the lot will make it difficult to develop without a variance. Kathy Brooks said she felt this would be a definite improvement to the area and made a motion the variance be approved. Jack Shinall seconded the motion which carried 7-0. (D) Request for beer and wine package license - Jim Wallace Station on Concord Road. Hubert E. Brooks requested a license to sell packaged beer and wine at the new Jim Wallace station on Concord Road next to Ryan's Steak House. Mr. Brooks said he was Vice President in charge of retail sales with Jim Wallace and was familiar with our ordinance. He also holds package licenses at other locations. There are two homes actually within the 200 foot radius of the location, but they are outside the city limits. Waivers were also signed by those property owners, although it was not required. There was no opposition from the audience but Jim Hawkins presented a letter, to be made a part of the minutes, from Sam B. Ransbotham of 3235 Lamar Circle in oppositon. Mr. Ransbotham's letter stated there is an existing problem with young people loitering, eating, drinking and playing car radios late at night in the parking lot of Ryan's. Mr. Ransbotham felt the problem would only worsen if a package license for this location was approved. Jim Hawkins said he felt our ordinance gave council an option on whether or not the residents involved outside the city limits should be considered and they are also not required to issue a license based upon the waivers. Jim Hawkins made a motion the license be denied, based upon the fact that there were homes within the 200 foot radius. Hugh Ragan seconded the motion which carried 5-2, with Jerry Mills and Jack Shinall opposed. (E) Home occupation license request - 1113 Matthews Street. Don Chilton requested a home occupation license to operate a sales management training program at 1113 Matthews Street. There was no opposition. Jerry Mills said in reviewing the information he received, it has been found that Mr. Chilton is already operating a business in a residential area and in violation of our ordinance. Mr. Chilton admitted he did owe the city whatever fees may be involved for the license. He started operating there two years ago in the back bedroom of his duplex. The business expanded and since then he has rented the other side of the duplex and is operating the business from there. Jerry Mills said this is an entirely residential area and he was opposed to most any home occupation license being issued in the. City. Jerry said he felt this was an encroachment on the home owners in the area. Mr. Chilton said he realized he had made a mistake and would like to correct that but due to the nature of his business it would be next to impossible to relocate since he receives calls at all hours of the day and night from all over the world. They have had no problem in the area with the neighbors and no one has objected to what he is doing. After further discussion, Jerry Mills made a motion the license be denied effective May 20, 1986, seconded by Jack Shinall. Jack Shinall then amended the motion to allow 10 days for Mr. Chilton to find a place to relocate his business. Vote on the amendment and main motion carried 7-0. May 18, 1986 v HONORABLE MAYOR AND SMYRNA COUNCIL MEMBERS: I am writing this letter in opposition to the Malt Beverage and Wine licenses applied for by James Wallace at the new gas station and con- venience store under construction on Concord Road next to Ryan's Steak• House. On Saturday, May 17th, I called Mr. Jim Hawkins to let him know of my concern of:the issuance of these licenses. Mr. Hawkins met me behind the gas station to talk about the situation and why I am opposed to the issuance of these licenses. What Mr. Hawkins did not know, or the Council members probably do not know, is there is a parking area extending about 200 ft. behind Ryan's and Wallace's property. This area is about 175 ft. wide. After Ryan's closes about 10:30 or 11:00 at night this area bedomes a place for young Snyrnans to congregate, eat, drink and play car radios. When leaving time comes, sometimes as late as 2:00 AM, they scratch off burning rubber. The Smyrna Police Department knows of this problem as we have had to call them in the past. I have walked there to ask these young people to quiet down; this I will never do again. Leave it to the police is my advice. Our property joins this parking area the full length about 200 ft. protected only by a hog wire fence. From the corner of Wallace's lot to our lot is 150 ft. This footage is over open parking area. Wallace had all of this land surveyed, came into our yard to survey leaving page with markers about 15 ft. inside of our line. This would indicate that Wallace does not have letters of consent.from all property owners concerned. If these licenses are issued it will only make a bad situation even worse. I know of no other place in Smyrna where one can buy beer and wine then walk to their automobile in a unsupervised parking area to drink it. They cannot take the beer home to drink as their parents would not permit it. We respectively ask Council to consider our opposition to the issuance of these licenses to sell beer and wine at the new Wallace convenience store on Concord Road. Sam B. Ransbotham 3235 Lamar Circle Smyrna, Georgia 30080 Mav 19. 1986 - Continued minutes 33 seconds east along the easterly right of way of North Cooper Lake Road a distance of 210 feet to an iron pin; running thence north 88 degrees 42 minutes 44 seconds east a distance of 572.9 feet to an iron pin and the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title, or his legal representative, of 60% of the land area above described by acreage: s/C. J. FOUTS Hugh Ragan made a motion the signatures be validated and the public hearing set for June 16, 1986. Bob•Davis seconded the motion which carried 7-0. RTn ATATAT?n. (A) Kathy Brooks said that bids were recently requested for the purchase of a landscape bed for a 1986 Ford cab and chassis in the Parks Department. Bids were received from two companies and Kathy made a motion the low bid of $2,317.00 be awarded to Republic Truck Equipment. Jim Hawkins seconded the motion which carried 7-0. (B) Hugh Ragan said that proposals were recently requested from a number of firms to conduct the City's audit for fiscal years 1986/87, 1987/88 and 1988/89: The low bid was from Chambers & Wilson but their estimate of total hours involved to conduct the audit was only about one-half of what the other firms submitted. Therefore, Hugh Ragan made a motion the second low bid be awarded to Arthur Young for a total 3-year fee of $36,000. Kathy Brooks seconded the motion which carried 7-0. COMMERCIAL BUILDING PERMITS: (A) William Benefield & Associates requested a building permit to enclose the covered play area at King Springs School at a total estiamted cost of $57,592.00. Kathy Brooks made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. (B) William Benefield & Associates requested a building permit to enclose the covered play area at Belmont Hills School at a total estimated cost of $46,832.00. Kathy Brooks made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. (C) William Benefield & Associates requested a building permit to enclose the covered play area at Brown Elementary School at a total estimated cost of $39,822.00. Kathy Brooks made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. (D) Tolar Construction requested a building permit for interior finish at 5500 Highlands Parkway, Suite 700 at a total estimated cost of $67,000. Hugh Ragan made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Joel Harrell seconded the motion which carried 7-0. (E) Parker & Company requested a building permit for tenant finish at 2300 Lake Park Drive at a total estimated cost of $70,000. Jerry Mills made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Bob Davis seconded the motion which carried 7-0. (F) B. L. Law Construction requested a building permit for construction at Fouts Brothers Nissan, 2158 Atlanta Road at a total estimated cost of $150,000. Kathy Brooks made a motion the permit be approved subject to approval of the City Engineer, Inspections Department and Fire Marshal. Joel Harrell seconded the motion which carried 7-0. (G) Madison Industries requested a building permit for remodeling at Cumberland Amoco on Cobb Parkway & Herodian Way at a total estimated cost of $10,000. Bob Davis made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Joel Harrell seconded the motion which carried 7-0. May 19, 1986 - Continued (H) Tolar Construction requested a building permit for tenant finish at 5500 Highlands Parkway, Suite 1500 at a total estimated cost of $32,500. Jack Shinall made a motion the permit be approved subject to approval of the 'Inspections Department and Fire Marshal. Joel Harrell seconded the motion which carried 7-0. (I) Parker & Company requested a building permit for tenant finish at 2300 Lake Park Drive at a total estimated coast of $35,000. Bob Davis made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Jerry Mills'seconded the motion which carried 7-0. (J) Parker & Company requested a building permit for tenant finish at 2300 Lake Park Drive at a total estimated cost of $75,000. Jerry Mills made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Bob Davis seconded the motion which carried 7-0. (K) Wilson Interiors requested a building permit for tenant finish at 5000 Highlands Parkway at a total estimated cost of $70,000. Hugh Ragan made a motion the permit be -approved subject to approval of the Inspections Department and Fire Marshal. Jack Shinall seconded the motion which carried 7-0. (L) Parker & Company requested a building permit for tenant finish at 2300 Lake Park Drive at a total estimated cost of $20,000._ Bob Davis made a motion the permit be approved subject to approval of the Inspections Department and Fire Marshal. Joel Harrell seconded the motion which carried 7-0. CONSENT AGENDA (A) Courtroom design - Hensley -Schmidt. Max Bacon said our present courtroom is not large enough to hold traffic court and the police station needs additional office space and they would like to renovate the annex building for a courtroom and office for the judge. Jim Hawkins made a motion that Hensley -Schmidt be authorized to proceed with design plans for renovation of the annex building. Jerry Mills seconded the motion which carried 7-0. COUNCIL INPUT: Max Bacon said that yesterday, Police Chief R. E. Little was again honored at Smyrna Baptist Church for serving over 50 years in law enforcement and congratulated him. Jim Hawkins also thanked Don Pope, pastor of Smyrna Baptist Church for recognizing R. E. Little. Jim said they did appreciate Chief Little and looked forward to getting him back to work following a bout with pneumonia. Jim said he was also pleased with the action taken tonight on plans for the court room. Jack Shinall said that R. E. Little is definitely an asset to the City and also looked forward to the court room improvements. Jack Shinall said he thought it was ludicrous for council to have to take action on each building permit for interior tenant finish and would be meeting with his committee to see if some changes couldn't be made. Kathy Brooks said the pools are getting ready to open and season passes are available. Hugh Ragan said the budget is in good shape and they are in the final stages of finalizing it. Hugh said he would like to meet briefly tonight with council to set up budget meetings. Hugh Ragan also thanked everyone for the cards and prayers during the illness and death of his brother in law, Al Burruss. With no further business, meeting adjourned at 9:53 p.m. May 19, 1986 - Continued A. MAX BACON, MAYOR BOB DAVIS. WARD 1 J Y M S, WARD 3 J SHINALL WARD 5 - HUGH RA(VkN, WARD 7 e WILLOUISE SPIVEY, CITY CL C) L HARRELL, WARD 2 JAMES M. HAWKINS, WARD 4 KATHY BROOK WARD 6 May 19, 1986 - Continued (F) Home occupation license request - 1880 Shenandoah Valley Lane. Jerry Mills said the applicants were unable to be here tonight and made a motion the license be tabled to the next meeting. Joel Harrell seconded the motion which carried 7-0. FORMAL BUSINESS: (A) Validation of signatures to annex 0.21 acres in Land Lot 276. Attorney Camp read the application signed by W. S. and D. S. Caswell, to annex 0.21 acres in Land Lot 276 on Pat Mell Road. We the undersigned, who constitute sixty percent (60%.) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 276 of the 17th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: BEGINNING at an iron pin located on the south right of way of Pat Mell Road at its intersection with the east right of way of Frank Lane; thence north 89 degrees 22 minutes 00 seconds east, along the south right of way of Pat Mell Road, a distance of 60.00 feet to an iron pin; thence south 01 degrees 44 minutes 19 seconds east, a distance of 150.00 feet to an iron pin; thence north 89 degrees 22 minutes 00 seconds west, a distance of 60.00 feet to an iron pin on the east right of way of Frank Lane; thence north 01 degrees 44 minutes 19 seconds west, a distance of 150.00 feet to an iron pin on the south right of way of Pat Mell Road and the point of BEGINNING. WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA. Witness the signature of the record title holders of the fee simple title, or his legal representative, of 600 of the land area above described by acreage: s/W. S. CASWELL & D. S. CASWELL Kathy Brooks made a motion the signatures be validated and the public hearing set for June 16, 1986. Jerry Mills seconded the motion which carried 6-0. Jim Hawkins was out of the room when the vote was taken. (B) Validation of signatures to annex 2.80 acres in Land Lot 333. Attorney Camp read the application signed by C. J. Fouts to annex 2.80 acres in Land Lot 333 adjacent to Churchill Downs development. We the undersigned, who constitute sixty percent (60%) of the owners of the land area by acreage of the area described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011, 1012; said property to be annexed being described as follows, to wit: All that tract or parcel of land lying and being in Land Lot 333 of the 17th District, 2nd Section, Cobb County, Georgia according to the survey for Jack D. Blan and Helen T. Blan recorded in Plat Book 70, Page 129, Cobb County Records and being more particularly described as follows: BEGINNING at an iron pin on the easterly land lot line of Land Lot 333, said iron pin being south 00 degrees 12 minutes 09 seconds west a distance of 353.8 feet as measured along the easterly land lot line of Land Lot 333 from the common corner of Land Lots 333 and 388; running thence south 00 degrees 12 minutes 09 seconds west a distance of 208.2 feet to an iron pin; running thence south 89 degrees west a distance of 612.6 feet to an iron pin on the easterly right of way of North Cooper Lake Road; running thence north 11 degrees 06